Case Note & Summary
The petitioner, Sanjay Khemraj Rathod, was appointed as an assistant teacher in 1998 at Kai. Sau. Vatsalabai Pote Ashram Shala, a government-aided school run by a public trust. On 30th May 2003, he was appointed as Headmaster on probation for one year, and the competent authority (Respondent No.2) granted approval for this probationary appointment on 30th April 2004. After the probation period ended in April 2004, the petitioner continued to serve as Headmaster without any fresh appointment order. On 1st April 2007, the school management passed a resolution to appoint him permanently as Headmaster with effect from 1st May 2004 and sent a proposal for approval to Respondent No.2. However, Respondent No.2 refused to grant approval by a one-line order. The petitioner challenged this refusal under Section 3.35 of the Ashram School Code before the Divisional Social Welfare Officer, Nasik (the Appellate Authority). The Appellate Authority partly allowed the appeal and directed Respondent No.2 to grant approval for the petitioner's appointment as Headmaster with effect from 9th May 2011. Aggrieved by this, the petitioner filed a writ petition in the Bombay High Court, arguing that he deserved approval from 1st May 2004, the date of his substantive appointment. Respondent No.2 filed a reply defending the order but did not provide any reason for denying approval from 2004 or for granting it from 2011. The High Court observed that the petitioner had been working as Headmaster since 2003 and the management had resolved to appoint him permanently from 1st May 2004. The respondent's failure to assign any reason for the delayed approval was fatal. The court held that the Appellate Authority's order granting approval from 2011 was unjustified and set it aside, directing Respondent No.2 to grant approval for the petitioner's appointment as Headmaster with effect from 1st May 2004. The writ petition was allowed accordingly.
Headnote
A) Service Law - Promotion - Approval Date - Ashram School Code, Section 3.35 - The petitioner was appointed as Headmaster on probation from 30th May 2003 and substantively from 1st May 2004. The respondent refused approval for the promotion, and the Appellate Authority granted approval only from 9th May 2011. The High Court held that since the petitioner continued as Headmaster after the probation period and the management resolved to appoint him permanently from 1st May 2004, the approval should relate back to that date. The respondent failed to provide any reason for denying approval from 2004. The court set aside the appellate order to the extent it granted approval from 2011 and directed approval from 1st May 2004. (Paras 1-5)
Issue of Consideration
Whether the Appellate Authority under the Ashram School Code was justified in granting approval for the petitioner's appointment as Headmaster only from 9th May 2011 instead of from 1st May 2004, the date of his substantive appointment.
Final Decision
The writ petition is allowed. The impugned order of the Appellate Authority dated 19th September 2011 is set aside to the extent it granted approval from 9th May 2011. Respondent No.2 is directed to grant approval for the petitioner's appointment as Headmaster with effect from 1st May 2004.
Law Points
- Approval for promotion must be granted from the date of substantive appointment
- Ashram School Code Section 3.35
- No retrospective effect without justification
